FBI misled judge who signed warrant for Beverly Hills seizure of $86 million in cash

On the affidavit’s 84th and 85th pages, Zellhart assured Kim the FBI would respect customers’ rights.

Murray offered no explanation for why the FBI believed it had legal grounds to take away the assets of hundreds of unknown box holders based on their presumed ties to unknown crimes.

To confiscate an asset under U.S. forfeiture laws, the government must first have evidence that it was derived from criminal conduct or used to facilitate it.

Kim was explicit in limiting the scope of the raid. “This warrant does not authorize a criminal search or seizure of the contents of the safety deposit boxes,” his warrant stated.

The judge gave the FBI permission to take inventory of the box contents to protect against theft accusations. He ordered agents to identify the owners and notify them that they could claim their property.

But by then, Zellhart and her colleague had already told agents in their memo to take notes on anything that suggests any of the cash “may be criminal proceeds,” such as whether it was bundled in rubber bands or smelled like marijuana.

The FBI also had dogs sniff all the cash for any odor of marijuana or other drugs, a step that was outside the bounds of the “written inventory policies” that the government vowed to follow.